To the surprise of many the people of California have spoken again, just like they did in 2000 and have decided to preserve the traditional definition of marriage by passing Proposition 8. This undoubtedly has angered many people on the extreme left as well as some on the right as can be seen by the demonstrations that have occurred recently in California. Many have said that Proposition 8 should be overturned, but should it?
Lets look at a bit of history. It was the will of the people by an overwhelming 61% of the voters in 2000 to pass Proposition 22, which stated only marriage between a man and women should be recognized. Many other states had passed similar laws in recent years as the will of the people in most states has decided on this issue.
In May of 2008 Proposition 22 was overturned by a one-vote majority of the California Supreme Court who 8 years later somehow determined in was unconstitutional? Really? So how does a judge get to overrule the will of the people? A judges job is not to legislate law but to ensure the law is followed. So, Californians angered that a judge would overrule the voice of 61% of the people decided to once again pass a law, whose wording was approved by the Supreme Court, and re-established the traditional definition of marriage. The passing of Proposition 8, while eliminating the right of same sex couples to marry, in no way eliminates the current domestic partnership law in California.
So should Proposition 8 be overturned as some have suggested? The answer in this author's opinion is it depends on what the people want to do! Why you ask? Well for the following reasons:
1) The people of California should make its laws, not Judges!
2) Could an attempt to radically redefine marriage result in unintended consequences such as should polygamy be allowed? Could you have combination marriages such as one man and two women or two women and one man? Where does it stop?
3) If we overturn the will of the people what other laws can we overturn? If you ignore the will of the people you damage or eliminate your democracy.
In closing I think two important points to ponder as a result of this issue are:
1) Liberals say that conservatives are not tolerant or open minded. Well as you can see from the protest Liberals do not want to respect the rights and will of others unless they agree with them. Disagree? look at what happens when a religious figure is displayed on government property.
2) Judges are appointed for life. Should they be?
Interesting questions in interesting times.
Saturday, November 8, 2008
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